H.M. Kamaluddin Ansari And Co. vs Union Of India (Uoi) And Ors. on 12 August, 1983
(23) The contents of Ia 7955/95 filed by the appellant seeking the injunction and contents of Ia 9753/95 filed by the respondent seeking vacating of the injunction go to show that the order of injunction forming subject matter of this appeal was for the purpose of and in relation to the arbitration proceedings. To be so the order of injunction must be relatable to the subject matter of arbitration proceedings, as is deductible from para 19 of the Supreme Court decision in M/s Hkk Ansari & Go's case (supra). The power to grant such an injunction was wielded by the learned single Judge by exercising jurisdiction under the Arbitration Act only by reference to Section 41(b) read with the Second Schedule Entry No.4. The order of injunction, was an order under the Arbitration Act and so would be the order vacating the same and impugned herein. An appeal there against is clearly prohibited and certainly not permitted by Section 39 of the Arbitration Act. The appeal is, therefore, incompetent and deserves to be dismissed as not maintainable.